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M5A5 






Laws of New Jersey 



relating to 



Forestry 




1915 









[.r.<y^' 






Laws of New Jersey 

relating to 

Forestry 




1915 



Union Hill, N. J. 
DISPATCH PRINTING CO. 

1915 



Under the law approved April 8, 1915 (Chapter 241, 
P. L. 1915), the Department of Conservation and De- 
velopment succeeds to all the powers and duties of the 
Forest Park Reservation Commission as herein defined. 

DEPARTMENT OF CONSERVATION AND {^ 

DEVELOPMENT. ^ Vv^ 

STATE HOUSE, TRENTON, N. J. ^^^-^ \ 0^ 

Edward S. Savage, President, Rahway 

Walter J. Buzby, Atlantic City 

Nelson B. Gaskill, .- Trenton 

Simon P. Northrup, Newark 

Charles Lathrop Pack, Lakewood 

Stephen Pfeil, Camden 

George A. Steele, Eatontown 

Henry Crofut White, North Plainfield 

Alfred Gaskill, Director; and Chief, Division of For- 
estry and Parks. 

Henry B. Kummel, Chief, Division of Geology. 

Charles P. Wilber, State Firewarden. 



(2) 

jD* of Do 
CT 38 19 3 



I 



Creating the Forest Park Reservation Commis- 
sion and Defining Its Powers. 



An Act for the establishment of forest park reservations 
by and in the State of New Jersey, and for the ap- 
pointment of a state board of forest park reserva- 
tion commissioners, and defining its powers and 
duties. Approved March 22, 1905 (Ch. 47). 
(2 Comp. Stat., pp. 2605-2609.) 

Sec. 1. There is hereby established a state board of 
forest park reservation commissioners, toj^^^^p^^ p^^^jj. ^^_ 
consist of five members, which said boardervation commis- 
shall be a body politic and corporate, with sionere. 
perpetual succession under the name of "state board of 
forest park reservation commissioners," with power to 
sue and be sued, with power to adopt and use a cor- 
porate seal, and the right, power and _ 

iu -i. i. • 1 u J 11 u Powers and 

authority to acquire, hold and use all such duties. 
property, real and personal, as may be 
proper or necessary, and with all other powers proper 
or necessary to carry out and effectuate the purpose 
for which said board is created; of this board the 
governor and the state geologist shall be 
ex-officio members, and the other mem- Ex-officio 
bers shall be citizens of the state appointed ™®™ ^^' 
by the governor, by and with the advice and consent 
of the senate; the terms of office of the 
said commissioners shall be three years, Terms. 
the term of the governor and of the state 
geologist to run concurrently with their term of gov- 
ernor and state geologist respectively; the term of the 
three appointed members to begin from the date of 
their first appointment, which said appointments shall 
be made promptly upon the taking effect of this act; of 
those so first appointed, one shall be for a term of one 

(3) 



4 FOBESTBT. 

year, one for a term of two years and one for a term 

of three years; and thereafter all such appointments 

shall be for the terms of three years as 

Vacancy. aforesaid; any vacancy that may occur by 

death, resignation or otherwise shall be 

filled by the governor but for the unexpired term only. 

(P. L. 1905, p. n.) 

Sec. 2. (As amended April 1, 1913, Ch. 187.) Said 
board shall have power to acquire a fee 
Acquirement simple estate in any lands to be taken for 
o an 8. ^^^ purposes of forest park reservations, 
as in this act hereafter directed, or any easement or 
profit a prendre that said board in its discretion may 
deem best; the said acquisition may be accomplished 
either by deed, gift or devise, or, if necessary, by con- 
demnation proceedings, to be instituted by and in the 
name of said board, under and pursuant to an act enti- 
tled ''An act to regulate the ascertainment and payment 
of compensation for property condemned or taken for 
public use (Revision of 1900)," being chapter fifty- 
three, laws of one thousand nine hundred, with any 
amendments thereof or supplements thereto; said board 
shall have power to hold said lands and any estate, ease- 
ment or profit a prendre therein for the benefit of the 
people of the State of New Jersey. Said board shall 
have power to lease, sell, or exchange 
^*^**'han"e **' ^^^ other land, any portion of the lands 
exc ange. acquired under the provisions of this act, 
with any buildings which may be thereon, when, in the 
judgment of the said board, such lease, sale, or ex- 
change is deemed to be for the best interests of the 
State in the furtherance of the purposes of the said act. 
Provided, however, that no sale or exchange shall be 
made without the approval of the Governor. Such 
leases, sales or exchanges shall be made in the name of 
the State of New Jersey by the Sitate Board of Forest 
Park Reservation Commissioners, under the seal of the 
said commission, signed by the president and secretary 
Moneys held thereof. All moneys derived from such 
in special sales, leases, or exchanges, shall be paid 
**™^- into the State Treasury and there held as 

a special fund, subject to expenditure by the said board 



FORESTBY. 5 

for any of the purposes expressed in this act. (P. L. 
1913, p. 339.) 

Sec. 3. (As amended April 6, 1915, Ch. 165.) The 
care, management and preservation of Preservation 
the forest reserves, and the forests and manage- 
thereon, as well as future growth ment. 
thereon, and all moneys appropriated in that behalf, 
or collected therefrom in any way, and all per- 
sonal property acquired to carry out the purposes of 
this act, are hereby confided to and vested in said board, 
as the same may be herein or in subsequent acts de- 
fined and required. The board shall observe, keep in 
view, and, so far as it can, put in operation the best 
methods to reforest cut-over and denuded lands, to 
forest waste and other lands, to prevent 
injury of forests by fire; shall provide for pSw?m 
the administering and care of forests on owers. 

forestry principles, for the encouragement of private 
owners in preserving and growing timber for commer- 
cial and manufacturing purposes, and for the general 
conservation of forest tracts around the headwaters and 
on the watersheds of all the water courses of the State. 
Said board shall make reports of its work, 
conclusion and recommendations to each Reports. 
session of the Legislature, and from time 
to time publish, in a popular manner, and print for 
popular distribution, in bulletin or other form, such of 
its conclusions and recommendations as may be of im- 
mediate public interest. If any such report or publi- 
cation shall be in especial demand and the supply shall 
become limited the board may restrict its distribution 
or fix a reasonable price to be paid for it. Whenever 
it shall appear that the welfare of the State will bt 
advanced by cutting or selling or disposing 
of any of the timber on State forest lands, ^se of state 

, -^ . ,. . 1 1 J r forest lands. 

or by using any portion of such lands for 
agriculture, or for any other purpose than the mainte- 
nance of forest, the board is hereby empowered to cut 
and sell such timber, or to provide for the use and 
development of such land in the way that in its judg- 
ment is most proper, on terms most advantageous to 
the State; and said board is hereby empowered to make 



6 FORESTBY. 

or execute contracts in the name of the 

Contracts^ and State, and to make agreements with other 

agrreemen 8. g^^^g departments, board or bodies, for the 

carrying out of the purposes of this act; provided, 

hoivever, that no such contract or agreement shall be 

made without the approval of the Governor. The board 

shall have power to employ such persons 

Employes. as are necessary for carrying out the 

provisions of this act and to fix their 

compensation. (P. L. 19l5, p. 324.) 

Sec. 4. Any person or persons who shall set, or cause 

Misdemeanor to *^ ^^ ^^*' ^"^ ^'^^ "P°" ^"^ ^^ ^^^ forestry 

cause fires or to reservations of this state, except in ac- 
eut timber on cordance with such rules or regulations 

reserves 

as may be prescribed by said board, or 
who shall set or cause to start any forest fire upon prop- 
erty near or adjoining any state forestry reservation 
whereby the timber of said reservation is damaged, or 
who shall cut or remove any timber whatever from any 
forestry reservation, except in accordance with the rules 
and regulations of the board, shall be guilty of a mis- 
demeanor, and may be punished accordingly; all fines 
and penalties when collected shall be paid to the execu- 
tive officer of said board, who is hereby directed to pay 
the same over to the state treasurer. (P. L. 1905, 
p. 79.) 

Sec. 5. (As amended March llf, 1911, Ch. 20.) The 

said board may appoint a warden, or 
Wardens. wardens, for each forest reserve, and any 

such warden shall have power, within 
any forest reserve, to arrest without warrant any person 
or persons taken by him in the act of violating any pro- 
vision of this act, or any rule of the forest commission 
made under the authority of this act. S;uch wardens 
shall also have power to require any male person who 
may live or be within any township adjacent to a 
forest reserve, and who is between eighteen years and 
fifty years of age and physically able, to help him 
extinguish a fire on a forest reserve. He may also re- 

quiie the use of horses or other property 
Powers of needed, and any person so summoned who 
Wardens. refuses or neglects to assist a warden, or 



Forestry. 7 

to allow the use of the property required, shall be liable 
to a penalty of ten dollars. Anyone who serves as a 
fire fighter on a forest reserve shall be 
entitled to the same pay as is provided byi*ay ^o"* fight- 
law for those who assist township and "*^ ^'®* 
district firewardens. Bills for such service shall be 
rendered to the forest commission by the reserve warden 
in charge of the fire and shall be paid by the State 
Treasurer as are other bills of said board. (P. L. 1911, 
p. 31.) 

Sec. 6. The title of all lands acquired by the State for 
forestry reservations shall be taken in the 
name of the State, and all such forestry Title to rest in 
reservation lands shall be exempt from *****' ^*^*^- 
taxation from the time of their acquisition: (See p. 10) 
in all cases where lands have been purchased, or may 
hereafter be purchased, by said board for forest reserva- 
tions, where there are public roads, regu- 
larly established, running into or through Maintain roads. 
said lands, said board, under such rules 
and regulations as the said board is hereby authorized 
to make, may expend such sum per mile in each year 
as said board shall deem wise for the maintenance, re- 
pair or extension of any such roads; all expenses that 
may be thus incurred shall be subject to the approval 
of the board and of the Governor of the State, and shall 
be paid in the same manner as other expenses are pro- 
vided for in this act. (P. L. 1905, p. 80.) 

Sec. 7. No title or interest in any of said lands held by 
said board as aforesaid shall be subject to 
be taken by any body corporate, whether Riffht of emi- 
municipal or private corporation, or any "®^ domam. 
person whatsoever possessing the power of eminent 
domain, by condemnation proceedings, in the exercise of 
said power of eminent domain against the said board or 
the State of New Jersey, as respects all lands or interests 
therein included in said reservations. (P. L. 1905, 
p. 80.) 

Sec. 8. (As amended March 27, 1906, Ck. J^6.) 
Whenever the board shall deem it expe-^^,|.i„^ ^^ estab- 
dient and proper to purchase lands for a lish a forest 
forest reservation in any part of this reservation. 



8 Forestry. 

State, the board shall, by resolution, fix the price to be 
paid for said lands, and shall instruct the executive 
officer to enter into a contract, in the name of the State 
of New Jersey, with the owner or owners thereof for 
the purchase of the same; which contract 
Contract. Shall contain a covenant on the part of 
the owner or owners that they have a 
good title in fee simple to the lands proposed to be con- 
veyed, and that said lands, when so conveyed, will be 
conveyed free and clear of all taxes, liens or encum- 
brances of any kind or character whatsoever. After the 
entry into said contract by said executive officer, it 
shall be his duty to prepare an accurate 
Map. map of said lands to be filed in the office 

of the said board. 
The said board shall have power to order and pay for 
all searches as they shall be advised by 
Searches. the Attorney-General to be necessary; 
and when the Attorney-General shall have 
advised said board, in writing, that the title to the 
property proposed to be purchased is clear, and that 
there are no taxes, liens or other encumbrances against 
the same, said board is hereby authorized to accept a 
conveyance of said lands, and to pay the price so fixed 
as aforesaid for the same. (P. L. 1906, p. 70.) 

Sec. 9. (As amended Feb. 25, 1913, Ch. 23.) The 
chief forester employed by said board shall 
state Forester, be designated and known as State 
Forester. He shall be the active agent of 
said board in the performance of the duties imposed upon 
it by section three of the act which this act amends. 
He shall serve also as secretary to the said board. As 
secretary, it shall be his duty to keep proper records of 
said board, and any copy of any record, under the seal 
of the board, signed by the secretary, 
Secretary. shall be of the same evidential effect in 
all the courts of this State as an exempli- 
fied copy of any recorded deed, according to law as 
now constituted. (P. L. 1913, p. 37.) 

Sec. 10. The governor shall be ex-officio president of 

the board, and the state geologist shall be 

otncere of executive officer thereof; the three ap- 

^ ' pointed members of the board shall serve 



Forestry. 9 

without compensation, the expenses of the members of 
said board incurred in the business of the board shall be 
payable out of the treasury of the state on the cer- 
tificate of any member certifying to the comptroller 
what expenses have been incurred; provided, the same 
is attested by the secretary. (P. L. 1905, p. 81.) 

Sec. 11. The purchase money for lands acquired, and 
all expenses incurred in said purchase, 
and all expenses incurred in connection Expenses. 
with the management and holding of the 
state forestry reservations, shall be paid by the state 
treasurer from moneys in the state treasury not other- 
wise appropriated, on warrant of the comptroller upon 
vouchers certified by the secretary, duly approved by 
resolution of the board; provided, however, such sums 
shall not exceed the amount annually appropriated 
therefor by the legislature; all moneys received by said 
board from sources other than by legislative appropria- 
tions shall be paid into the state treasury. (P. L. 1905, 
p. 81.) 

Sec. 12. Said board shall have an official seal, which 
seal shall bear inscribed on it "board of 
state forest reservation commissioners of Seal. 

the state of New Jersey," with some 
proper emblem therein, to be adopted by said board. 
(P. L. 1905, p. 82.) 



SUPPLEMENTARY ACTS. 



Chapter 25, 1906. Approved March 24, 1906. 
Sec. 1. (As amended March lA, 1911, Ch. 19.) 
The State Board of Forest Park Reserva- 
tion Commissioners shall have power to power to con- 
enter into contracts with the governing K*^* ,TY'.*** "?"" 
body of any city, town or other munici- '""p^^'**''^' ***' 
pality, or with any municipal board or commission own- 
ing, holding or having control of any lands suitable for 
forest growth, or with any individual personal or bodies 
corporate owning lands suitable for forests, for the con- 
trol and management of such lands for forestry pur- 



10 FORESTEY. 

poses, for the establishment of an arbo- 
Shade Trees, return, for experiments in forest culture, 
or for the planting and care of shade 
trees. (P. L. 1911, p. 31.) 

Chapter 143, 1907. Approved May 8, 1907. 
(2 Comp. Stat. p. 2608.) 

Sec. 1. (See also p. 11.) The State Board of Forest 

Power to ac- ^^^^ Reservation Commissioners shall 

quire fresh-waterhave power to acquire, in the manner 

lakes and rights prescribed in the act to which this act is 

tnereto. , , , , , , 

a supplement, any land covered by a 
fresh-water lake or pond, or part thereof, within this 
State, and any land surrounding or adjacent thereto and 
all rights, private ways, easements or servitudes held, 
exercised or used by any person or corporation in, upon 
or over the said land or any part thereof, as said board 
in its discretion may deem best. Said property, when 
acquired, shall be held by said board as a part of the 
forest park reservations of the State. (P. L. 1907, 
p. 379.) 

Sec. 2. The board shall have power to make rules and 

regulations for the government and use 
StioSsl'oraii^S'of all forest park reservations, which 
serves made andrules and regulations shall be plainly 
posted. printed and posted within all such reser- 
vations, and any person violating any rule or regulation 
of said board, so as aforesaid printed and posted, shall 

be liable to a penalty of ten dollars, to 
Penalty. be recovered in an action of debt at the 

suit of said board before a Small Cause 
Court or a District Court. All penalties recovered as 
aforesaid shall be paid to the executive officer of said 
board and by him paid to the State Treasurer. (P. L. 
1907, p. 379.) 

Chapter 214, 1908. Approved April 13, 1908. 
(2 Comp. Stat. p. 2609.) 

Sec. 1. There shall be paid annually to the treasurer 
Payment to <^^ ^^^^ township or Other municipality in 

township in Ueuwhich lands are held as State forest re- 
of taxes. serves, under the act to which this act is a 

supplement, the sum of two cents per acre for each 



Forestry 11 

acre of such reserves in said township or other mu- 
nicipality. Said payment shall be made on the order of 
the State Board of Forest Park Reservation Commis- 
sioners from the appropriation made for the maintenance 
of State forest reserves. (P. L. 1908, p. 427.) 

Chapter 329, 1912. Approved April 1, 1912. 
An Act to create adjunct State forest reserves by acquir- 
ing rights of public use in fresh water lakes and 
ponds and exempting the same from taxation. 

Sec. 1. Any owner or owners of a fresh-water lake or 
pond which is subject to acquisition by the State, as pro- 
vided by ''A further supplement to an act 
entitled 'An act for the establishment of ^j^ate^ak *** 
forest park reservations by and in the p"^* ® * *** 
State of New Jersey, and for the appointment of a State 
Board of Forest Park Reservation Commissioners, and 
defining its powers and duties'; approved March twenty- 
second, one thousand nine hundred and five," the same 
having been approved May eighth, one thousand nine 
hundred and seven, may propose an agreement with the 
Forest Park Reservation Commission by which he or 
they shall retain title to the property, but grant to the 
citizens of the State access to and the free use of the 
waters of such lake or pond for boating and fishing; 
provided, that a reasonable charge may be 
made for the use of boats belonging May cja^^ge for 
to the owner or owners of the said lake 
or pond. If, after making an investigation, the State 
Board of Forest Park Reservation Commissioners shall 
be satisfied that the public interest will be as well served 
by the freedom to use the lake or pond for boating and 
fishing, as it would be if the property were conveyed to 
the State, the said Board of Forest Park Reservation 
Commissioners shall enter into an agreement with the 
owner or owners of said pond or lake, i,and ander 
which agreement shall provide that in water exempt 
consideration of the free use by the pub- ^'■**™ *"^' 
lie of the waters of said lake or pond for boating and 
fishing, the property shall be exempt from taxation so 
long as the agreement remains in force, the same as it 
would be !f the State acquired title thereto. (P. L. 
1912, p. 576.) 



12 Forestry. 

Sec. 2. As a preliminary to the agreement provided 
for in section one of this act, the Forest Park Reserva- 
tion Commission shall require that the waters of said 
lake or pond be actually made free to all citizens for a 
period of at least six months and notices thereof con- 
spicuously posted on the shores of the 

Evidence of said lake or pond. It shall also require 
a covenant that the lake or pond will not 
be closed to the public without notice given to the 
Forest Park Reservation Commission and by signs posted 
at least six months in advance of such intended closing. 
When the Forest Park Reservation Commission shall be 
satisfied that the waters of the said lake or pond are 
actually free for the use of the public, subject to the 
provision made in section one of this act, it shall certify 
to the assessor of the township or other municipality in 
which the said lake or pond is taxable, that by virtue of 
the agreement made between the owner and the Forest 
Park Reservation Commission, the property has become 
an adjunct State forest reserve and by the provisions 
of this act is exempt from taxation. (P. L. 1912, 
p. 577.) . , 

Sec. 3. The Forest Park Reservation Commission 
Forest Commis- Shall have power to make reasonable and 

sion to make proper regulations for the use of ad- 

reguiations. junct forest reserves hereby created, and 
shall exercise the same powers over them as it now 
does over the State forest reserves established by law. 
(P. L. 1912, p. 577.) 

Sec. 4. Nothing in this act shall warrant the owner 
or owners of a pond or lake used solely 

Water-power q^ chiefly as a source of water-power 

excepted. ^^^^ ^ ^jjj ^^ factory in active operation 

to apply for exemption of taxes. (P. L. 1912, p. 578.) 

Chapter 382, 1915. Approved April 21, 1915. 
An Act to authorize any county or any municipality in 
the State to appropriate money to be expended by 
the State Board of Forest Park Reservation Com- 
missioners for the maintenance and improvement 
of a State forest reserve or any part thereof. 
Sec. 1. It shall be lawful for the governing body of 
any county, or of any municipality, to enter into an 



Municipal Forestry. 13 

agreement with the State Board of Forest Park Reser- 
vation Commissioners for the maintenance of a forest 
reserve, or any portion thereof, which portion may be 
a pond or lake, as a public park; and from Forest reserve 
time to time to appropriate money and to as 

pay the same to the State Board of Forest p"^"* p"*"*^- 
Park Reservation Commissioners to be expended by said 
board for the maintenance and improvement of such 
State property. (P. L. 1915, p. 714.) 

MUNICIPAL FORESTRY. 

An Act to authorize any municipality of this State to 
use lands for forestry purposes, to cut and sell 
timber therefrom and to determine the character 
of such use. Approved April 20, 1906 (Ch. 136). 

(2 Comp. Stat, p. 2609.) 

Sec. 1. The governing body of any municipality of 
this State shall have power to use any 
lands of such municipality for forest Municipal for- 
growth, and shall have the power to cut ** ^' 

and sell any timber found or grown upon such land; 
and shall have the further power to enter into con- 
tracts with the State Board of Forest Park Reservation 
Commissioners for the control and management of lands 
of such municipality for forestry purposes. (P. L. 
1906, p. 261.) 

Sec. 2. Any and all lands of any municipality used in 
accordance with the provisions of this 
act shall be deemed to be used for pub- Public land. 
lie purposes and devoted to public uses. 
(P. L. 1906, p. 261.) 



14 Abuse of Woodlands. 

ARBOR DAY. 

An Act relating to Arbor Day. 

Approved April 13, 1908 (Ch. 187). 

(1 Comp. Stat., p. 109.) 

Sec. 1. (As amended March 21, 1912, Ch. 120.) 

For the purpose of encouraging the planting of shade 

and forest trees, the second Friday of 

Date. April, in each year, is hereby designated 

as a day for the general observance of 

such purpose, and to be known as Arbor Day. (P. L. 

1912, p. 169.) 

Sec, 2. On said day appropriate exercises shall be 
introduced in all the schools of the State, 
School exercises, and it shall be the duty of the several 
county and city superintendents to pre- 
pare a program of exercises for that day in all the 
schools under their respective jurisdiction. (P. L. 
1908, p. 378.) 

ABUSE OF WOODLANDS. 

Laws Bearing Upon the Abuse of Woodlands. 

Note: Action under these lav/s must be taken by the 
injured party; the Forest Commission has no jurisdiction. 

An Act to prevent the unlawful waste and destruction 
of timber in this State. Passed February 20, 1820. 
Revision of 187 7, p. 1187. (^ Comp. Stat, 
p. 5396.) 

Sec. 1. That if any person or persons whatsoever, 
shall, at any time hereafter, cut, fell, work up, carry 
away, box, bore, or destroy any tree, sapling or pole, 
standing or lying on any land within this State, to which 
such person or persons hath not or have not any right 
and title, without leave first had and obtained of the 
owner or owners of the said land for that purpose, every 
such person or persons so offending, shall forfeit and 
pay for each tree, sapling, or pole so cut felled, worked 
up, carried away, boxed, bored, or destroyed as afore- 



Abuse of Woodlands. 15 

said, the sum of eight dollars; one-half to 
renaity in civU the Owner or owners of the land, and the 

suit for cutting j.u i ir x ^i i 

or feiiinff trees. Other half to the person or persons who 
shall sue for and prosecute the same to 
effect, at any time within eighteen months from the cut- 
ting, felling, working up, carrying away, boxing, boring, 
or destroying of any such tree, sapling or pole; and 
that whenever any person or persons, within this State, 
shall be sued or prosecuted before any justice of the 
peace within the same, it shall and may be lawful for 
such justice of the peace to proceed, whenever the 
penalty demanded shall not exceed one hundred dollars, 
notwithstanding any claim the defendant or defendants 
may offer to make to the land whereon and from which 
the said tree, sapling, or pole may be cut, felled, worked 
up, boxed, bored, destroyed, or carried away, and to 
issue execution for the same, with costs of suit, unless 
the defendant or defendants shall immediately enter into 
bond to the plaintiff or plaintiffs, with one or more suf- 
ficient sureties or surety, being freeholders, in double 
the sum so demanded, with a sufficiency for costs of suit, 
conditioned for his or their appearance at the next court 
where the same may be cognizable, in an action of tres- 
pass, and to pay damages found against him, her or 
them, with costs of suit, any law, usage, or custom to 
the contrary notwithstanding. 

An Act for the punishment of crimes (Revision of 
1898). Approved June 14, 1898 (Ch. 235). 
(2 Comp, Stat, p. 1788.) 

"See. 138. Any person who shall unlawfully cut, fell, 
work up, carry away, box, bore, bark or destroy any 
tree, sapling, log or pole, standing or lying on any land, 
to which such person hath not legal right or title, with- 
out leave first had or obtained of the owner or owners 
of the said land for that purpose, shall 
be guilty of a misdemeanor; provided, ^^^^^^^^^ Se- 
this section shall not apply to any person ^ ^^ "*^' 
who shall do the same by mistake or accident, or with- 
out any intention to injure or defraud the owner 
thereof." (P. L. 1898, p. 832.) 



16 Shade Tbees. 



SHADE TREES. 

All Act providing for the regulating, planting, care, and 
control of shade trees and shrubbery upon the 
public highways and in municipal parks, and for 
the care, control and improvement of such parks; 
authorizing the continuance of existing shade tree 
commissions, and the appointment of shade tree 
commissions, and prescribing their powers and 
duties (Revision of 1915). Approved April 14, 
1915 (Ch. 325). 

1. In every city, town, township, borough, or other 

municipality of this State, except coun- 
Shade tree ties, it shall be lawful for the body hav- 

ing charge of the finances of such mu- 
nicipality, and in the case of a municipality governed by 
commissioners, then for the commissioners of such 
municipality, to ordain that the regulation, planting, 
care, and control of shade and ornamental trees and 
shrubbery upon or in the highways, parks, or park- 
ways of such municipality, except county parks and 
parkways, shall be exercised by, and be under the 
authority of a commission consisting of three residents 
of such municipality, which commission shall be known 
as the ''Shade Tree Commission of ," 

the members of which commission shall 
Appointment, be appointed by the chief executive of 

such municipality within sixty days after 
such ordinance shall have become a law, and shall serve 
without compensation, except as provided in section 
four of this act. (P. L. 19l5, p. 588.) 

2. If, in any such municipality, there is in existence 

a park commission or a parkway commis- 
if park commis-sion, except a county park or parkway 
X^ed**by 'u!" commission as distinguished from a shade 

tree commission, such existing park or 
parkway commission shall, upon such ordinance becom- 
ing a law, exercise the powers hereby granted to, and 
discharge the duties imposed upon, a shade tree com- 
mission, but shall receive no additional compensation 
by reason thereof. (P. L. I9l5, p. 589.) 



Sh.\de Trees. 17 

3. In all municipalities not coming within the pro- 
visions of section two of this act, the 

terms of office of the commissioners Terms of com- 
first appointed in any municipality shall >«"»«»«»«'»• 
begin upon the day of their appointment, and continue 
for the respective periods of three, four and five years, 
from the first day of January next succeeding such ap- 
pointment, the terms of the said appointees to be desig- 
nated in their respective appointments. All other ap- 
pointments except to fill vacancies shall be made to 
take effect upon the first day of January of each year, 
for a full term of five years. Any 
vacancy occurring in the membership of vacancies. 
any commission, by reason of the death, 
resignation, or removal of any commissioner, shall be 
filled, for the unexpired term, by the authority making 
the original appointment. (P. L. 1915, p. 589.) 

4. In all municipalities, other than those referred to 
in section two hereof, a shade tree commission shall 
organize within thirty days after the 
appointment of its total membership, for organization. 
the remainder of the then current year, 

and thereafter annually, by the election of one of its 
members as president, and the appointment of a secre- 
tary, who need not be a member of the 
commission. The compensation of the Compensation of 
secretary and of all other employees, «**"Pioy^«- 
shall be fixed by the commission. (P. L. 1915, p. 589.) 

5. A shade tree commission under this act shall have 
power: (a) To exercise full, sole, and 

exclusive control over the regulation, Powers of 
planting and care of shade and ornamental ««"»«»'««*««• 
trees and shrubbery now situate, or which may here- 
after be planted in or upon any public highway, park, or 
parkway, except county parks or parkways, of the mu- 
nicipality for which it is created, including the planting, 
trimming, spraying, care, and protection of the same 
for the public good; the right to regulate and control 
the use of the ground surrounding the same, so far as 
may be necessary for their proper growth, care, and 
protection; the right to remove, or require the removal 
of, any tree, or part thereof, dangerous to public safety, 



18 Shade Teees. 

at the expense of the owner of such tree; and the right 
to care for and control such parks and parkways: (b) 
To encourage arboriculture: (c) To make, alter, amend, 
and repeal, in the manner prescribed for the passage, 
alteration, amendment, and repeal of ordinances by the 
legislative body of the said municipality, any and all 
rules and regulations necessary or proper for carrying 
out the provisions of this act, and such shade tree com- 
mission may enter into a contract with the owner of 
any real estate in said city to supply material and labor 
for the purpose of planting trees, grass, flowers or 
shrubbery, and to charge the actual cost thereof to such 
owner; after such material or labor is supplied, the said 
commission shall certify the actual cost thereof to the 
collector of taxes and the sum so certified shall be col- 
lected by said collector as other taxes on real property 
are collected in such municipality. (P. L. 1915, p. 589.) 

6. A copy of any rule, rules, regulation, or regula- 
Certifled copies tions of any shade tree commission, cer- 

of rules, etc., intified to under the hand of the president 

evidence. ^^ Secretary of the said commission, 

■shall be taken in any court of this State as full and legal 

prima facie proof of the due passage and existence of 

such rule, rules, regulation, or regulations. A violation 

of any such rule or regulation shall be a 

Penalty for misdemeanor and shall be punishable by 

violations. ^ , jxi.jjj 

a fine, not exceeding two hundred and 

fifty dollars, or imprisonment for a term, not exceed- 
ing ninety days, or both. (P. L. 191 5, p. 590.) 

7. All moneys collected in any municipality, either as 

fines or penalties, for any violation of a 
^Disposition of rule or regulation of a shade tree corn- 
pen les. mission, or as a charge against real 
property, under any provision of this act, shall be forth- 
with paid over to the municipal officer empowered to be 
custodian of the funds of such municipality; shall be 
placed to the credit of the shade tree commission of 
such municipality, and shall be subject to be drawn upon 
by such commission for the conduct of its work. (P. 
L. 1915, p. 590.) 

8. Except as hereinafter provided, the initial cost of 



Shade Trees. 19 

all trees planted by the commission, the 
cost of planting the same, the cost of the ^^c ** J' ^fj®®^' 
posts and boxes or guards used for the ^on property?* 
protection of the same, and the cost of 
the removal of any tree dangerous to public safety shall 
be a charge upon the real property in front of which 
such tree or trees shall be planted or removed as an 
improvement thereof. Such cost, unless 
paid directly to the shade tree commis- Cost a lien. 
sion, shall be certified by the commission 
to the collector of taxes of the municipality, shall there- 
upon become and be a lien upon said property, shall be 
included in the next tax bill rendered to the owner or 
owners theeof, and shall be collected in the same man- 
ner as other taxes against said property. 

The provisions of this section shall not apply to: 

(a) A planting to replace a tree or trees 
theretofore planted by the commission. Exceptions. 

(b) A planting in connection with Arbor 

Day exercises or other educational demonstration. 
(P. L. 1915, p. 591.) 

9. Except as herein provided, in all cases where the 
property of an abutting owner would be 
chargeable under the provisions of this^<**^«® o^ piant- 

, ='.,, 4. r J.I i^ r xu 1 J. mff or removal. 

act with any part of the cost of the plant- 
ing or removal of any shade tree, in any highway, the 
shade tree commission shall give notice of the meeting 
at which it will decide upon such planting or removal, 
requesting all persons who may object 
thereto to present their objections in Notice to hear 
writing at the office of the shade tree com- ** ^^^ *"°^' 
mission in such municipality at or before the said meet- 
ing, and at said meeting shall consider all objections 
which may have been so filed. Said notice of intention 
shall specify the street, or streets, or por- specifications 
tions of streets, in which it is proposed to set forth in 
do such planting or removal, and shall be notice. 

advertised at least once in a newspaper circulating in 
said municipality, at least twenty days before the said 
meeting, or it may be served personally at least tin 
days before said meeting upon any owner of real prop- 
erty in front of whose property it is proposed to plant 
or remove a tree or trees. The provisions of this 



20 Shade Trees. 



section shall not apply to the following: 
^1S Ay."**' (a) A planting at the request of an abut- 
ting owner, who shall agree in advance 
to pay the cost thereof, (b) The removal of a tree 
considered by the commission dangerous to public 
safety. Such notice of such proposed removal as the 
commission may deem practicable shall be given to the 
abutting owner unless, in the opinion of the commis- 
sion, immediate removal be necessary for public safety. 
(P. L. 1915, p. 591.) 

10. Each year, at least thirty days before the date 

fixed by law for the certification by the 
Aunuai estimate clerk or other officer of the taxing dis- 

to be furnisnea. , . . . ,, ,, r r ±t 

trict to the assessor thereof of the amount 
of tax to be raised for the purposes of said district, 
every shade tree commission shall certify to the body 
having control of the finances of its municipality the 
estimated sum, over and above any balance remaining 
in its hands or standing to its credit, necessary for 
the proper conduct of its work during the ensuing fiscal 
year. If the amount certified by the 
Money to be commission does not exceed one-tenth of 
^'**^* ' one mill on the dollar of assessed valua- 
tion of all taxable property of the municipality, the said 
body shall include and cause the same to be certified to 
the assessor as part of the amount to be raised by taxes 
for the purposes of said municipality. If the said esti- 
mated sum exceeds one-tenth of one mill on the dollar 
of assessed valuation, the said body shall include and 
cause to be so certified such part of said estimated sum 
not less than one-tenth of one mill on the dollar of said 
Sum placed to assessed valuation as it may deem proper. 
credit^ of com- All Sums SO certified by any governing 
mission. body Shall be, in regular course, appro- 
priated for, placed to the credit of, and be subject to 
be drawn upon by the said shade tree commission for 
the purposes of its work. (P. L. I9l5, p. 592.) 

11. No statute giving any individual or State or 

municipal board, body or official power 
street improve- or authority to lay any sidewalk along, or 

ments not to m-. i. x u 

jure trees. to Open, Construct, curb or pave any 

street, or do any like act, shall be held 



Shade Tbees. 21 

or construed to permit or authorize any interference 

7an\.nl o"f^"f?^ \ \ ^'^^"^^^ '^^^^ ^'^^ ^^thout the 

consent of the shade tree commission 

within whose jurisdiction such tree shall Shade tree comr- 

be located; provided, that in all cases "^"oSer^r* 

such commission shall reasonably co- *^ *****'***• 

operate with such individual, board, body or official for 

the general public good; and provided, 

Turther, that nothing herein containedi^o^ers of county 

shall be held to take away or diminish any^^^Jt *'X'Sld"'* 

of the powers or authority of any ^«<'t«d- 

county park commission over the trees or shrubberv in 

tTeiv^an'^'oYh' "' P'^'"^^ ^^^^^" ''' jurisd^ctiojf or 
.nfhn A ^ -?u^^' commission or board any powe^ or 

(P L /91T, p. 59'2'r' '"^ '"'' '''" or Shrubbery' 

n.f^Vi!!''^^'"! ^^''^^" contained shall operate to termi- 
nate the existence of any existing shade 
tree commission in any municipality, orExisting commis- 
the term of office of any member thereof ^***'*® continued. 
and every such existing commission shall, immediately 
upon this act taking effect, be deemed to exisTby vfrtue 
tL^. f*' promded, that upon the expiration of the 
terms of such commissioners their successors shall be 
appointed so as to constitute a commission of three 
members under this act. Such existing commission 
shall exercise all of the duties and have 
all of the powers of a commission ap- Duties and 
pointed and organized hereunder, shall powers. 

rnii^^^'^J'* ^"^ f'l ""^ *^^ provisions hereof, and all the 
rules and regulations of such existing shade tree com- 
mission, not inconsistent herewith, shall be in full 
force and effect as if made under the provisions of this 
act. 

All funds collected or assessed, or in progress of 
collection, by any existing park or shade 
tree commission, except a county com- Funds, works, 
mission, for shade tree purposes, and all ^^^ *Jon«nn^ 
contracts made by, or obligations due to ^^'^^'^^ed- 

any existing shade tree commission, are hereby con- 
tinued and transferred to a commission of the same 
municipality when appointed and organized under this 
act, and shall not lapse or be prejudiced hereby 



22 Shade Trees. 

All employees of any existing shade 
?JI^?-l?jr^* tree commission shall be continued and 

contmuea. . r ^ , • . r j.i 

transferred to a commission of the 

same municipality when appointed and organized under 
the provisions of this act, and the status and tenure of 
employment of such employees shall not 
^affected*** lapse or be prejudiced or affected by 
reason of such substitution of a com- 
mission appointed and organized hereunder in the place 
and stead of a commission formerly existing. (P. L. 
1915, p. 593.) 

13. All provisions of this act, with respect to a shade 
Act appUcabie to*^^^ commission, shall be deemed and 

park commis- taken as applicable to a park or parkway 

sions. commission, exercising the powers and 

discharging the duties of a shade tree commission under 

the provisions of section two of this act. (P. L. 1915, 

p. 594.) 

14. Nothing in this act contained shall be construed 

to make any shade tree commission re- 
No liabmty for sponsible for the death or injury of any 
deatn or injury. p^j.^^^^^ ^^ ^^^ ^^ .^^^^^ ^^ ^^^ property 

or highway tree or shrub. (P. L. I9l5, p. 594.) 

15. If any clause, sentence, paragraph, part, or pro- 
vision of this act shall, for any reason, be adjudged by 

any court of competent jurisdiction to be 
As to constitu-jnyaiid, such judgment shall not affect, 
tionaiity of act. j^p^j^.^ ^^ invalidate the remainder of this 
act, but shall be confined in its operation to the clause, 
sentence, paragraph, part, or provision directly in- 
volved in the controversy in which such judgment shall 
have been rendered. (P. L. 1915, p. 594.) 



Law Prohibiting Hitching Horses to Shade Trees. 

From An Act providing for the regulation of vehicles, 
animals and pedestrians on all public roads, etc. 
Approved April 6, 1915. (Ch. l56.) 

Sec. 11. (18) No horse shall be hitched or fastened 
to any pole carrying wires of any description, nor to 
any public lamp post or pole, nor to any shade tree or 



Shade Trees on Public Roads. 23 

its protecting box or casing, nor to any water hydrant in 
any street. (P. L. 19l5, p. 295.) 

Note: This law applies only in places where the houses 
are on an average of less than one hundred feet 
apart. Penalty; for a first offense a fine not ex- 
ceeding $2S, or not over 10 days in jail: for each 
additional offense a fine not exceeding $50. or 
not over 20 days in jail. (P. L. I9l5, p. 304.) 



SHADE TREES ON PUBUC ROADS. 

From An Act to provide for the permanent improve- 
ment and maintenance of public roads in this 
State. (Revision of 1912.) Approved April l5, 
1912. (Ch. 395.) 

Section 4, paragraph 1. (As amended April 9, 1913. 
(Ch. 317.) ) The road improvement contemplated 
under this act shall include the construction of the road 
and its intersections with other public roads, the res- 
toration or construction, as herein provided of proper 
and adequate entrances to properties, the building of 
any essential walls in cuts or for slopes, and of all 
necessary facilities for drainage in im- 
provement aforesaid, also the planting ***y p^^^u^^^ 
of shade trees, such works as may be trees. 

necessary to preserve existing shade 
trees. (P. L. 1913, p. 643.) 

Sec. 29. (As amended April 9, 1913, (Ch. 317.) 
When a road plan involving the treatment of trees or 
forests abutting upon any road improved under an act 
bearing a title similar to this act or under this act is to 
be made, the State Commissioner of Public Roads shall 
notify the State Board of Forest Park 
Reservation Commissioners, which shall£o-**P^'^*i5'V. **^ 

. , J 1 1 jtween Road Com- 

cause to be prepared such plans and missioner and 
specifications as shall be necessary for *'o*"est,Commis- 
the completion of said treatment, the cost ^***"* 

of which shall be taken as part of the cost of the road. 
In all that relates to the choice, planting or care of 
trees, the decision of the Forest Park Reservation Com- 



24 Forest Fires. 

mission shall be final. In all that affects the location of 
trees, or the influence upon the road, the decision of 
the State Commissioner of Public Roads shall be final. 
If the State Commissioner of Public Roads and a local 
governing body having authority in re- 
in .case o^ spect to roadside trees shall be unable to 
ispu e. agree regarding the removal or treatment 
of any tree standing within the line of any road to be 
improved, according to this act, the two interests shall 
submit the case to the Forest Park Reservation Com- 
mission, and its decision shall be final and binding upon 
all parties. (P. L. 1913, p. 648.) 



FOREST FIRE LAWS. 



General Forest Fire Act 

Kn Act for the appointment of firewardens, the preven- 
tion of forest fires and the repeal of sundry acts 
relating thereto. Approved April 18, 1906. (Ch. 
123.) 

(2 Comp. Stat., pp. 2332-2339) 

Sec. 1. (As amended March 15, 1911, Ch. 36.) 

State and divi- The State Forest Park Reservation Com- 

8io» fl'"®^*'- mission shall have power to appoint a 

deoB. state firewarden, and not more than 

six division firewardens, and to fix their salaries. Each 

shall give his whole time to the forest fire service and 

shall hold office during the pleasure of the commission. 

^ ff- • « Members of said commission and such of 

wrrdenr*^ its ofl^cers as it may designate shall be 

; " fx-officio firewardens, but shall receive 

no compensation in virtue thereof. (P. L. 1911, p. 52.) 



Forest Fires. 25 

Sec. 2. (As amended April 13, 1908. Ch. 213.) The 
township committee (see p. 3 7), or 
governing body of every township in '^^^rd^enj^ 
this State shall, within thirty days 
after receiving notice in writing from the State 
Board of Forest Park Reservation Commissioners, ap- 
point some suitable person to act as township fire- 
warden for the entire township, or such part thereof 
as said commission shall determine, for a term of one 
year and until his successor shall have been appointed, 
and on failure so to do, the State Board of Forest Park 
Reservation Commissioners shall make such appoint- 
ment. Such appointment, when accepted, shall be 
promptly certified to the State Firewarden. The person 
so appointed may be summarily removed 
by said commission. If any person so ap- ««mova . 
pointed is so removed, said commission shall promptly 
notify the governing body making such appointment, 
and said governing body shall, at its next meeting, fill 
the vacancy for the unexpired term; provided, no person 
so removed by said commission shall be 
eligible for reappointment within one year pohitmSt. 
from the date of said removal. When re- 
quired by the State Firewarden, the township firewarden 
shall establish two or more districts for ^. ^^ ^ -^ 
the township for which he is appointed, wardens!*' 
and shall appoint suitable persons as 
district firewardens; provided, however, no district fire- 
warden shall be appointed for the district 
in which the township firewarden lives. J^!!]?^™5^« 

. , 1 . r' J 1 ti 1 district warden 

Any township firewarden shall have power shau not serve 
to designate one or more proper persons Bame territory. 

to act as deputy or deputies in case of his 
absence or disability from any cause. He shall file with 
the State Firewarden, and with the town- 
ship committee, the names and addresses ^SalSeM^ 
of all district firewardens and deputies 
appointed by him, and shall specify the districts to which 
they are assigned. (P. L. 1908, p. 422.) 

Sec. 3. (As amended March 15, 1911. Ch. 36.) 
The State Firewarden and division fire- Powers and 
wardens shall have all the powers herein duties of state 
granted to the township firewardens. »i»d division 
Under the direction of said commission firewardens. 



26 Forest Fires. 

the State Firewarden shall administer the forest fire 
service. Division firewardens shall perform such ser- 
vice and have such authority as shall be determined by 
the State Firewarden. (P. L. 1911, p. 52.) 

Sec. 4. (As amended March 15, 1911. Ch. 36.) 

Powers and Township and district firewardens shall 

duties of town- enforce all statutes of this State now in 

ship and dis- force, or that may hereinafter be en- 

ward^g" acted for the protection of forest and 

timber land from fire, and shall carry 

out the directions of the State Firewarden or division 

firewardens regarding the prevention and extinguishing 

of forest fires. They shall have control and direction 

of ail persons and apparatus engaged in extinguishing 

forest fires. They may plow land, or, in an emer- 

-_ gency, set back fires to check any fire. 

May sonunon ~, , , 

assistance. They may summon any male person be- 
tween the ages of eighteen years and 
fifty years who may live or be within the jurisdiction 
of such firewardens to assist in extinguishing fires, and 
may also require the use of horses and other property 
needed for such purpose. Any person so summoned 
who is physically able, who refuses or neglects to assist, 
or to allow the use of horses, wagons or other material 
required, shall be liable to a penalty of 
Penalty. ^^^ dollars. If, in the judgment of a fire- 
warden, a forest fire in an adjoining township shall im- 
peril the safety of any property in his own township, he 

. . may, with assistants summoned as afore- 
adjoining ^dis- ^a^^» ^^^^ s^c^ measures to extinguish 
trict. the fire, or to prevent its spread, as he 
would take were it in his own munici- 
pality; provided, that if any firewarden of the township 
in which the fire is located be present at the fire, all work 
shall be done under his direction. If the State firewarden 
or any division firewarden be present at any fire he shall 
ex-officio have complete control. When a serious fire 
occurs the State firewarden or any division firewarden 
. may summon to his aid firewardens from 

Serious fires, surrounding townships with their as- 
sistants, and in such case the State shall bear the whole 
expense of paying the firewardens and assistants who 
reside in townships which were not threatened. In 



Forest Fires. 27 

every other case in which a fire is fought 
by men from two or more townships the ni^t**of**c°8t. 
cost shall be apportioned by the State fire- 
warden among the townships in which the fire burned, 
or which were directly threatened. If any township 
shall fail to appoint a firewarden when 
directed by the Forest Commission to do i*»y ot helpers 
so, as provided by section two of this act, "^^rTser^ce^f 
or shall fail to make an appropria- not maintained. 
tion sufficient to pay its share of the fire- 
warden's salary and bills incurred in fighting fires, as- 
sistance may be summoned by any firewarden as pro- 
vided in this act, and any person so summoned shall re- 
ceive for his services only the amount that the State 
would pay as its share under section six of this 
act. Bills for this service shall be rendered by the fire- 
warden in charge of the fire directly to the Forest Com- 
mission, and shall be paid as are other bills of said com- 
mission. No action for trespass shall lie against any per- 
son crossing or working upon lands of another to ex- 
tinguish fire. (P. L. 1911, p. 53.) 

Sec. 5. The State Board of Forest Park Reservation 
Commissioners shall have power, from 
time to time to prescribe such other ^^ar^enj"*" 
duties and to make such regulations gov- 
erning firewardens for the prevention, fighting and ex- 
tinguishment of forest fires, as in their judgment shall 
be efficacious for that purpose. They may purchase and 
distribute to firewardens such material and equipment 
as they may deem necessary for carrying out the pro- 
visions of this act. The State firewarden shall be cus- 
todian of and responsible for all such material and 
equipment, under such rules as said commission may 
prescribe. (P. L. 1906, p. 223.) 

Sec. 6. (As amended April 17, 19H. Ch. 2i7.) 
Township and district firewardens and 
helpers shall be paid at the following e^?T;o'^fion. 
rates, unless other rates shall be fixed by 
the township committee or other governing body, and 
notice thereof filed with the State Firewarden. Each 
township firewarden shall be paid at the rate of twenty 



28 Forest Fires. 

dollars a year, and each district firewarden, appointed 
as provided in Section 2 as amended, at the rate of ten 
dollars a year. Said sums shall be paid in lieu of all 
allowances for making reports, for postage, for posting 
fire-warning notices, and for issuing permits. For spe- 
cial services in investigating fires and the causes thereof, 
or for any service required by the State Firewarden, 
and for all time in fire fighting, firewardens and their 
helpers shall be paid at the following rates: 

Firewardens, while engaged in fighting fires, two dol- 
lars for five hours or less, and thirty cents per hour 
thereafter. 

Firewardens, while otherwise employed, twenty-five 
cents per hour. 

Helpers, fighting fire, one dollar for five hours or less, 
and twenty cents per hour for more than five hours. 

Helpers, on patrol or employed otherwise than fight- 
ing fire, twenty cents per hour. 

Firewardens shall render to the governing body of 
the township in which the service was 
BiUs. rendered, a statement of the services ren- 
dered by them and by the men, teams and other ap- 
paratus employed by them as provided in this act, within 
ten days of the date of such service, which said bill 
shall show in detail the amount and character of the 
service performed, the exact duration thereof, the name 
of each person employed, and all disbursements made 
by said firewarden. When properly verified, said bill 
shall be paid in such manner, and by such oflicial, as 
other bills of said township are paid. A certified copy 
of each bill paid in accordance with this section, with 
evidence of payment, shall be made on a blank provided 
by the Forest Commission, and filed with the State Fire- 
warden within ninety days of the date upon which the 
service was rendered. Failure to do this shall act as a 
waiver of all claim upon the State for reimbursement as 
provided in this section or for a share of penalties as 
provided in section twelve, as amended, of the act which 
this act amends. Upon the approval of said bill by the 
State Board of Forest Park Reservation Commissioners, 
one-half of the amount shall be repaid said township by 
the State Treasurer upon warrant of the State Comp- 
troller; provided, however, the State shall pay the entire 



Forest Fires. 29 

cost of extinguishing fires originating on 

and restricted to State forest reservations. ^^%,Vt/^ 

Such bills shall not be presented to the 

township committee but certified to the State Firewarden 

diicctly; and provided, further, that in no case shall the 

State's share of any bill be based upon a higher rate 

for services than as fixed above. (P. L. 1914, p. 510.) 

Sec. 7. (As amended April 13, 1908. Ch. 213.) 
The firewarden of the township in 
which a fire occurs shall within ten days Reports. 
make such report thereof to the Sitate 
Firewarden as may be prescribed by the State Board of 
Forest Park Reservation Commissioners. Each district 
warden shall report promptly any fire in his district' to 
the township firewarden. (P. L. 1908, p. 425.) 

Sec. 8. The town and district firewardens shall post 
such notices concerning forest fires as 
the State firewarden may prepare, and *^e n«"ce». 
any person who shall willfully or maliciously tear down 
or destroy any such notice, shall be liable to a fine of 
ten dollars. (P. L. 1906, p. 225.) 

Sec. 9. (As amended April 17, 191^. Ch. 2U7.) 
In any township or part thereof for which firewardens 
have been appointed under the pro- 
visions of this act, no person shall set permits to bum 
fire to or cause to be burned waste, brush, etc. 
fallows, stumps, logs, brush, dry grass, 
fallen timber or anything that may cause a forest 
fire unless the written permission of the State Fire- 
warden, or a division firewarden, or of the township or 
district firewarden of the township or district in which 
such fire is set has been first obtained. Such permission 
shall not be granted by any firewarden if, in his opinion, 
any forest or woodland will be endangered thereby, nor 
shall such permission, if granted, relieve or exonerate 
any person from any penalties under this act, in case, 
by reason of such fire, any forest, brushland or wood- 
land be burned; provided, however, permits shall not be 
necessary for burning said materials when „ ,* * 
the fire is set in a public road, garden re™ui^ed. 
or plowed field at a distance of not less 
than two hundred feet from any woodland, brushland, or 
field containing dry grass or other inflammable material 



30 Forest Fires. 

from which fire may be transmitted to any forestland, 
brushland or wasteland. (P. L. 1914, p. 512.) 

Sec. 10. AH persons who shall burn any pit of char- 
coal, or set fire to or burn any brush, 
^*wlt™h^.^ grass or other material whereby any prop- 
erty may be endangered or destroyed, 
shall keep and maintain a careful and competent watch- 
man in charge of said pit, brush or other material while 
burning. (P. L. 1906, p. 225.) 

Sec. 11. (As amended March 15, 1911. Ch. 36.) 
No person shall set fire to or burn, or 
esT^forbidden.' cause to be burned, any wasteland, brush- 
land, or forestland, but nothing in this sec- 
tion shall be interpreted to forbid any person from setting 
a backfire, or ground fire, or a surface fire, upon his 
Backfiring ai- own property to protect the same; pro- 
lowed on own vided, however, if such fire be permitted 
property only, to escape, or does escape, to adjoining 
property, then the person setting such fire, or causing 
it to be set, shall be deemed to have violated the pro- 
visions of this section. Any firewarden, 
A firewarden however, shall have the power to set, or 
'"*'' *lre* direct to be set, any backfire. In any 

township in which a fire service is estab- 
lished any person who shall find a fire burning in the 
forest, or where forest is endangered, 
muBt^not be ^^^^' immediately extinguish the same, or 
ignored. being unable so to do, shall notifiy a fire- 
warden. (P. L. 1911, p. 56.) 

Sec. 12. (As amended March 15, 1911. Ch. 36.) 
Eveiy person who shall violate any of the provisions of 
this act, and every person who shall 
Penalties. obstruct or in anywise interfere with 
any firewarden, his deputies and as- 
sistants, in the performance of any duty under this act, 
shall be liable to a penalty of not less than fifty dollars 
nor more than two hundred dollars, except as otherwise 
provided in this act; provided, however, 
Forest commi»- that where there are mitigating circum- 
du^e "Senaity" Stances the Forest Commission may, in 
its discretion, permit the person or 
persons who may have violated the law to pay the cost 
of extinguishing the fire, or other expense incurred, or 



Forest Fires. 31 

such part thereof, or such sum less than the minimum 
fine herein imposed, at such time and in such manner 
as said commission shall determine. Such payment 
when finally made shall relieve the person or persons 
making it of the penalty for such violation imposed by 
this act. All payments on account of penalties under 
this act shall be made to the executive officer of the 
Forest Commission, who shall promptly disburse the 
same in such manner as will relieve iiv equal degree the 
township, or townships, concerned and the State of the 
expense incurred. If a penalty paid shall exceed the 
costs in any case the excess shall be paid to the treas- 
urer of the township in which the fire, or other viola« 
tion of law, occurred. Any firewarden, or deputy acting 
in the absence or disability of a firewarden, Firewardens 

may arrest, without warrant, any person „^u^„f'^!l 
J , , , . . . 1 . , . witnout war- 

or persons taken by him in the act of vio- rant. 

lating any of the provisions of this act, and shall pro- 
ceed against such person or persons in the manner pre- 
scribed by this act. (P. L. 1911, p. 56.) 

Sec. 13. (As amended April 17, 191J^. Ch. 247.) 
Every district court in any city or judicial district 
of any county, and every justice of the peace in 
any city or county, and every po- 
lice justice or recorder in any city or Magistrate may 
other municipality, is hereby empowered, issue process. 
on complaint under oath or affirmation 
made according to law that any person or persons has 
or have violated any of the provisions of this act, to 
issue process, in the name of the State Board of Forest 
Park Reservation Commissioners, as prosecutor, for the 
use of the State of New Jersey. Said oath or affirma- 
tion, if made by a firewarden, or by a member or officer 
of the said commission, may be upon information or 
belief. Said process shall be in the 
nature of either a summons or warrant Process. 
against the person or persons so charged; when in the 
nature of a warrant, it shall be returnable forthwith, but 
before any warrant shall issue out of any district court 
the judge thereof shall endorse upon the complaint an 
order in the following or similar words: "Let the war- 
rant issue in this case." To which said judge shall sign 
his name; and when in the nature of a summons, it 



32 Forest Fires. 

shall be returnable in not less than one or more than 
ten entire days. Such process shall state what section 
of the law is alleged to have been violated by the de- 
fendant or defendants; and on the return thereof, or at 
any time to which the trial shall have been adjourned, 
the said district court, justice of the peace, police jus- 
tice or recorder shall proceed to hear the testimony, 

and to determine and give judgment in 
jndffment. ^^^ matter, without the filing of any 
pleadings, either for the prosecutor for the recovery of 
such penalty with costs, or for the defendant or de- 
fendants. If such judgment be for the prosecutor as 
aforesaid, it shall be in the following or similar form: 
_ - . ^ "State of New Jersey, county of , 

""ment? ss: Be it remembered that on this 

day of , in the year of our Lord 

nineteen hundred , at , in said county, C. 

D., defendant, was, by the district court of the city of 
T. (or by me, E. F., justice of the peace, police justice 
or recorder of the city of , or as the case may be), 

convicted of violating the section of the Act of 

the Legislature of New Jersey entitled 'An act for the 
appointment of firewardens, the prevention of forest fires, 
and the repeal of sundry acts relating thereto,' ap- 
proved the day of , anno Domini, nine- 
teen hundred , in a summary proceeding, at the 
suit of the State Board of Forest Park Reservation Com- 
missioners, as prosecutor; and further, that the witnesses 
in said proceeding who testified for the prosecutor were 
(name them); and the witnesses who testified for the 
defendant were (name them) ; wherefore the said court 
(or justice of the peace, police justice or recorder, as 
the case may be) doth hereby give judgment that the 
prosecutor recover of the defendant dollars pen- 
alty and dollars costs of this proceeding, and that 
execution do issue against the goods and chattels of 
said defendant for the amount of said penalty and costs, 
and for want of sufficient goods and chattels whereon to 
levy and make the same, to take the body of the defen- 
^ _, X dant and convey him to the common jail 
Imprisonment, ^f the county and deliver him to the 
keeper thereof, to be there confined until the said pen- 
alty and costs be fully paid, or until he be thence deliv- 



Forest Fires. 33 

ered by due course of law." Said judgment shall be 
signed by the judge of the district court, justice of the 
peace, police justice or recorder giving the same. (P. L. 
1914, p. 512.) 

Sec. 14. If either the prosecutor or the defendant 
or defendants be dissatisfied with any Appeal to court 
judgment given under the provisions of the of common 
thirteenth section of this act, the dis- pleas. 

satisfied party may appeal to the Court of Common 
Pieas of the county in which the judgment appealed from 
shall have been rendered, which appeal shall be taken 
by filing with the court, justice of the peace or recorder 
who gave the judgment, a notice of such appeal, signed 
by the appealing party, or his, her or their agent; pro- 
vided, however, that no appeal shall be al- 
lowed to or taken by any defendant from P'o'^'iso- 
any judgment against such defendant unless, with said 
notice of appeal, such defendant shall also file a bond, with 
at least one sufficient surety to be ap- 
proved by the court, justice of the peace, ^""^^ ^*®^; 
or recorder who shall have given the judgment, in 
double the amount of the judgment, and conditioned that 
the appellant or appellants shall appear and 
prosecute the appeal in said court of common pleas, 
shall stand to and abide the judgment of said court of 
common pleas, and shall pay such costs as shall be taxed 
against the appellant or appellants, if the judgment ap- 
pealed from be affirmed. The court, 
justice of the peace or recorder who shall gent*to*cotu-t. 
have given the judgment appealed from 
shall send a transcript of the proceedings and judgment 
and said notice of appeal, together with any bond that 
may have been filed under the provisions of this sec- 
tion above contained, to the clerk of the court of com- 
mon pleas to which the appeal is taken on or before the 
first day of the term of said court next ensuing such 
appeal. In any case of appeal by a defendant after exe- 
cution shall have been issued, the court of common 
pleas to which the appeal is taken, upon receiving sat- 
isfactory proof that the notice of appeal above men- 
tioned has been filed with the court, justice of the peace 
or recorder who gave the judgment, and upon filing 
with the clerk of the court of common pleas to which 



34 Forest Fires. 

the appeal is taken, such bond as aforesaid, to be ap- 
proved by said court of common pleas, 
execution. ^^y ^^^y ^^^ execution until the further 
order of said last-mentioned court, a rule 
to which effect shall be entered in the minutes of the 
said last-mentioned court, and a copy thereof, certified 
by the clerk of said last-mentioned court, shall be served 
on the constable in whose hands the execution may be. 
The said court of common pleas shall proceed to hear 
and determine such appeal in the same way and man- 
ner as said case was heard by such district court, justice 
of the peace, police justice or recorder. (P. L. 1906, 
p. 227.) 

Sec. 15. (As amended April 17, 19H. Ch. 2U7.) 
In case judgment as aforesaid shall be rer.dered against 
Execution any defendant, in any such proceedings 
granted by as aforesaid, execution shall thereupon be 
magistrate. granted by the court, justice of the peace, 
police justice or recorder giving the judgment, command- 
ing the officer to whom the execution is delivered to levy 
and make the amount of the penalty and costs imposed 
by the judgment out of the goods and chattels of the 
defendant, and for want of sufficient goods and chattels 
whereon to levy and make the same, to take the body 
of the defendant and convey him to the common jail 
of the county and deliver him to the keeper thereof, to 
be there confined until the said penalty and costs be fully 
paid, or until he be discharged by the justice of the 
peace, district or police magistrate, by whose authority 
said execution was issued, or by one of the justices of 
the Supreme Court, when such court, justice of the 
peace, police magistrate or police court justice, shall be 
satisfied that further confinement will not result in the 
payment of the judgment and costs. Any such defen- 
dant shall after such discharge, continue liable to the 
payment of said judgment and costs. Any 
dock^ed. judgment recovered under this act may be 
docketed in the office of the clerk of the 
Court of Common Pleas of the county, in which such 
judgment shall have been obtained. Such docketing 
shall be in the manner provided by an act entitled "An 
act concerning District Courts" (Revision of 1898), ap- 
proved June fourteenth, one thousand eight hundred 



Forest Fires. 35 

and ninety-eight, which said judgment, when so docketed 
as aforesaid, shall have a like effect and may be collected 
in the same manner as judgments recovered in district 
courts, docketed by virtue of the provisions of the act 
above mentioned. The said court, justice of the peace, 
police justice or recorder is hereby further empowered 
either before or after the issuance of such execution, to 
cause any such defendant, who may refuse or neglect to 
pay the amount of the judgment entered against him, 
and all of the costs or charges incident thereto, unless 
an appeal is granted, to be committed 
to the county jail for any period not ex- i°»pn«oiunent. 
ceeding ninety days. (P. L. 1914, p. 514.) 

Sec. 16. (As amended April 17, 191Jt. Ch. 2^7.) 
The officers to serve and execute 
any process or execution as afore- Executions. 
said shall be the sheriff or any constable 
of the county, and, within the jurisdiction of any 
district court, shall include the sergeant-at-arms there- 
of, v>'hich service and execution shall in all cases be made 
in the same manner and under the same liabilities that 
other processes and executions issued out of the district 
court of this State are served and executed under and by 
virtue of the provisions of the act entitled "An act con- 
cerning district courts," approved June fourteenth, in 
the year one thousand eight hundred and ninety-eight, 
and the acts supplemental thereto and amendatory there- 
of. The costs taxable and recoverable in any case prose- 
cuted as aforesaid shall be the costs allowed by the act 
last above mentioned in cases prosecuted in district 
courts. The penalty recoverable in any such action shall 
be paid to the prosecutor therein, who shall disburse 
it as provided in section twelve of this act. 
The judge of the district court, justice of C 

the peace, police justice or recorder be- 
fore whom any case is prosecuted under the provision 
of this act may adjourn the hearing thereof from time to 
time and, in any case where a warrant shall have been 
issued, may require the defendant to enter into a bond 
with sufficient surety to the plaintiff in the penal sum 
of two hundred dollars, conditioned to appear at the 
time and place of the hearing or trial, and in default of 
such bond, may commit the defendant to the common 



36 Forest Fires. 

jaii of the county, to be there detained until the hearing 
or trial of the complaint; and if any defendant shall fail 
to appear at the time and place to which the hearing or 
trial shall be so adjourned, the bond shall be delivered 
to the prosecutor, who may sue thereon, and all moneys 
recovered in such suit shall be paid by the prosecutor 
into the State treasury. Any prosecution brought in 
accordance with the provisions of this act, for violation 
of any of its provisions, may be brought within two years 
next after the date of the commission of said violation, 
and not afterward. In prosecutions under this act no 
Prosecutions proceedings shall be invalidated because 
within two years. of informality in the complaint or war- 
rant, or because of any defect in said proceedings or in 
the complaint or warrant or other papers therein, which 
does not substantially prejudice the rights of the de- 
fendant therein. (P. L. 1914, p. 5 16.) 

Sec. 17. * * * All expenses incurred by the State For- 
est Park Reservation Commission in carrying out the pro- 
Payment of visions of this act shall be paid by the 
Expenses. State Treasurer, on warrant of the Comp- 
troller, upon vouchers duly approved by the commission; 
provided, however, such sums shall not exceed the 
amount annually appropriated therefor by the Legislature. 
(P. L. 1906, p. 230.) 
Sec. 18. Acts and parts of acts repealed. 

SUPPLEMENTARY ACTS. 

Chapter 9, 1907. Approved March 14, 1907. 

(2 Comp. Stat., pp. 2332 and 2338.) 

Sec. 1. The State Board of Forest Park Reservation 
g . J „ Com.missioners may include parts of sev- 
districts.'* ^^^1 townships in a single fire district and 
appoint a firewarden thereof, and the ser- 
vices of and expenses incurred by said warden shall be 
paid as provided in the act to which this act is a sup- 
plement, jointly by the State and by the township in 
which they were incurred. If such fire district shall in- 
clude the right-of-way of any railroad company and the 
land adjacent thereto, the board may make such ar- 



Forest Fires. 37 

rangements with said railroad company regarding com- 
pensation and expenses of such firewarden as it may 
deem best; provided, however, in no case • "•": 
shall the State pay a larger proportion Expense limited 
of such expense than it would pay if such 
agreement were not made. (P. L. 1907, p. 21.) 

Sec. 2. Wherever the word "township" is used in the 
act to which this act is a supplement, the 
said word shall be taken to mean and in- defined.** 

elude a city, town, borough and village 
as well as a township. (P. L. 1907, p. 21.) 

Chapter 61, 1915, Approved March 17, 19l5. 

Sec. 1. The owner of any woodlands, or the lessee 
thereof, or any contractor or employee deriving au- 
thority from the owner of such woodlands, or any per- 
son doing public work in or upon su*ch woodlands, who 
shall permit or suffer the accumulation «,.„_.„ 

r , ^, . , ,.,- r Allowmg accu- 

of brush or tree-tops, or any litter from muiation of 
felled trees, to lie or be upon such wood- woods litter a 
lands to such an extent or in such nuisance. 
manner as to facilitate either the origin or the spread 
of forest fires, shall be deemed thereby to have created 
an extraordinary fire hazard, and to have made and main- 
tained a public nuisance. (P. L. 191 5, p. 103. 

Sec. 2. On the complaint of a fire- 
v/arden, or of any citizen, it shall be the Complaint. 
duty of the Board of Forest Park Reser- 
vation Commissioners to cause an investigation to be 
made of the alleged nuisance. If, in its judgment, a 
situation endangering the security of adjacent property, 
either with reference to the possible origin or spread of 
forest fires, exists, it shall require the responsible party 
to remove such menace within a specified time, in 
manner directed and at his own cost. If such removal 
be done by burning, all the provisions and requirements 
of the act to which this act is a supplement shall be 
observed, but nothing done under this j^^^ release of 
act shall operate as a release oi re- responsibility. 
sponsibility if fire escapes and damages 
the property of another. Failure to comply with the 



38 Forest Fires. 

requirement of the Board of Forest Park Reservation 
Commissioners shall subject the offender 
Penalty. to the penalty imposed by section twelve 
of the act to which this act is ai supple- 
ment, which penalty shall be imposed for every period 
of five days, or portion of one such period, during 
which the requirement of the Board of Forest Park 
Reservation Commissioners shall be unobserved. 

All penalties incurred for violation of any of the pro- 
visions of this act shall be sued for, recovered and 
collected in the manner provided for the recovery of 
penalties by the act to which this act is a supplement. 
Recovery and Such penalties, when recovered, shall be 
disposition of paid to the executive officer of the 
penalties. Board of Forest Park Reservation Com- 
missioners, who, after deducting any direct expense con- 
nected with the recovery of said penalty, shall pay 
the same over to the State Treasurer. (P. L. 191 5, 
p. 103.) 

Chapter 109, 1915. Approved March 30, I9l5. 

Sec. 1. Whenever the Board of Forest Park Reserva- 
tion Commissioners shall be satisfied that existing con- 
ditions tend to the origin of forest fires in any locality, 
. ^it shall provide for the maintenance of 
Patrolmen to bcp^trolmen to watch for and extinguish 

provided. J, . , , , ^ , " 

fire in such places and for so long as 
such danger exists. (P. L. 1915, p. 168.) 

Sec. 2. The said board shall determine whether the 
existence of such conditions is due to the operation of 
a railroad, or to the operations, actions, conduct or 
neglect of any other corporation, firm or individual, and 
the responsible party, thus determined. 
Expenses met byshall appoint and pay the wages and ex- 
Tatinl pitroi." penses of the patrolmen hereinafter re- 
quired to be appointed and paid. If the 
said board shall determine the existence of the condi- 
tions referred to to be due to a divided agency, the 
required patrolmen shall be appointed by the State 
Firewarden, and the wages and expenses shall be appor- 
tioned by the said board among the several parties to 
such divided agency; provided, hotuever, that if one of 
the parties to such divided agency shall be a railroad 



Forest Fires. 39 

company, the patrolmen required of such railroad com- 
pany shall be appointed and paid according to the pro- 
visions of this act applying to the appointment and 
payment of patrolmen by railroad companies. (P. L. 
1915, p. 169.) 

Sec. 3. Whenever the Board of Forest Park Reserva- 
tion Commissioners shall make determination as set 
forth in paragraphs one and two of this act, the State 
Firewarden, upon notification by the said board to that 
effect, shall, in writing, notify the re- 
sponsible agent or agents of the deter- ^^^^otiEed^^^ 
mination of the said board, specifying the 
locality affected thereby and included within the terms 
of his notice, calling for the appointment of such num- 
ber of patrolmen as the said State Firewarden may deem 
to be necessary, and prescribing generally the work of 
such patrol. The State Firewarden shall fix and state, 
in the said notice, the time when the said notice shall 
become effective. In case of a railroad 
company, the said notice shall be served Service of notice 

, .J ■'jU r .. • J. J J. £ J.U on a railroad. 

at the office of the superintendent of the 

division within which the affected district is located. 

In case of a private individual, firm or corporation, not 

a railroad company, the notice shall be served upon the 

owner, lessee, superintendent or agent, wherever found. 

The order of the State Firewarden may be 

amended in any particular by the said Order may be 

, , .,, -i. ' 'i.- i.- amended. 

board, either upon its own initiative or 

upon the request of any person or corporation affected 
thereby, but shall not be stayed pending application for 
such amendment, except upon order of the board. (P. 
L. 1915, p.^169.) 

Sec. 4. The person or corporation receiving such 
notice shall immediately comply there- 
with and shall at once report to the immediate 
State Firewarden the names of all patrol- ^**"^^ 
men appointed pursuant to such order, and the names 
of the persons acting as foremen or superintendents 
thereof actually upon the work. And such person or 
corporation shall report to the State 
Firewarden at such times and in such ^^p^T* *^ State 
manner as he shall require, setting forth ' ^^' 

the number of men performing such duty, the places 



40 Forest Fires. 

where, the times when, and the manner in which the 
patrol duty is being performed. If the appointment of, 
or service rendered by, any member of such patrol shall 
be unsatisfactory to the State Firewarden, such patrol- 
men shall be immediately replaced by his employer upon 
the request of the State Firewarden. (P. L. 1915, p. 
170.) 

Sec. 5. Any firm, person or corporation who shall or 
which shall fail to comply with the provisions of this 
act, or with the terms of such notices and orders as 
may be issued by the State Firewarden, shall be sub- 
ject to a penalty of ten dollars per day 
Penalty. for each patrolman not on duty in accord- 
ance with such notice or order. 
All penalties incurred for violation of any of the pro- 
visions of this act shall be sued for, re- 
"^penaiti^s *** covered and collected in the manner 
provided for the recovery of penalties by 
the act to which this act is a supplement. Such pen- 
alties, when recovered, shall be paid to the executive 
officer of the Board of Forest Park Reservation Com- 
missioners, who, after deducting any direct expense 
connected with the recovery of said penalty, shall pay 
the same over to the State Treasurer. (P. L. 1915, p. 
170.) 

Sec. 6. Compliance with the provisions of this act 
^ . , , shall not operate as a bar to any suit for 

no? baSJdr' damages for which any person or cor- 
poration would otherwise be liable, but 
conformance with the provisions of this act, and com- 
pliance with the terms of any order or notice issued by 
the State Firewarden may be shown and considered as 
evidence of the use of due care on the part of such 
person or corporation. (P. L. 1915, p. 170.) 

Sec. 7. In any case where prompt action 

posed by this supplement upon the Board 
of Forest Park Reservation Commissioners may be per- 
formed and exercised by the executive officer of the 
said board, the State Forester and the State Firewarden, 
acting jointly in the name of said board, and the joint 
determinations, actions and orders of the same shall be 
as conclusive and effectual a§ though done and per- 



Forest Fires. 41 

formed by the full board; provided, that any action of 
the said officials may be reviewed and modified by the 
Forest Park Reservation Commission in the same man- 
ner and under the same limitation as is prescribed in 
section three of this act. (P. L. I9l5, p. 171.) 



Acts Relating to Forest Fires That are Not Applied by 
I the Forest Commission. 

I Note — Prosecutions under these acts must be insti- 

I tuted by the prosecutor of the pleas of the county in 
which the jBre was set, at the instance of the party in 
interest. The Forest Commission has no jurisdiction. 

Criminal Liability. 

A further supplement to an act entitled "An Act for 
the punishment of crimes" (Revision of 1898), Ap- 
proved April 2, 1902. (Ch. 83) (2 Com]). Stat, p. 
1792.) 

Par. 15 7a. — Any person who shall wilfully or mali- 
ciously set fire to, burn or cause to be burnt, or aid, 
counsel, procure or consent to the burning of any woods, 
marshes, cranberry bogs or meadows of any other per- 
son or persons, shall be guilty of a misdemeanor. (P. 
L. 1902, p. 248.) 

Fires From Railroads 

An Act concerning railroads (Revision of 1903). Ap- 
proved April 14, 1903. (Ch. 25 7.) (3 Comv. 
Stat., p. ^2Jf5.) 

''Sec. 56. Every company or person operating or 
using any railroad shall take and use all practicable 
means to prevent the communication of fire from any 
engine used by them in passing along or being upon 
such railroad to the property, of whatever description, 
of any owner or occupant of any land adjacent or near 
to said railroad, and shall provide such 
engine with a screen or cover in the spark arresters, 
smokestack so as to arrest and prevent. 



42 Forest Fires. 

as much as practicable, the escape of fire; any company 
or person refusing or neglecting to make such provision 
shall forfeit for every such refusal or 
neglect one hundred dollars to any per- Penalty. 
who may sue for the same, to be recov- 
ered, with costs, in an action upon contract in any 
court having cognizance thereof, one-half of the sum to 
go to the person suing and one-half to the State for 
the public-school fund." (P. L. 1903, p. 673.) 

"Sec. 5 7. When injury is done to property by fire 
communicated from an engine of any company or person 
in violation of the foregoing section, such company or 
person shall be liable in damages to the 
Liability for person injured; and in every action for 
damages. ^^ injury done to the property of any 
person by fire communicated from an engine in viola- 
tion of the preceding section of this act, proof that the 
injury was communicated from an engine shall be prima 
facie evidence of such violation, subject, nevertheless, to 
be rebutted by evidence of the taking 
Rebuttal. and using all practicable means to pre- 
vent such communication of fire as by 
said section required; it shall be lawful for any railroad 
company to insure such property exposed 
Insurable to loss by fire communicated from its 
"^ *^*^ ' engines, and such company shall have an 
insurable interest therein." (P. L. 1903, p. 673.) 

''Sec. 5 8. All actions accruing from injuries to per- 
sons caused by the wrongful act, neglect or default of 
any railroad company owning or operating any railroad 
within this State, shall be commenced 
Pei"'-^ for bringr-and sued within two years next after the 
'"dam^gel.*"* cause of action accrued, and not after; 
actions by an executor or administrator 
for injuries causing the death of the testator or intes- 
tate shall be commenced and sued within one year next 
after the death, and not after; all actions for injury done 
to any property by fire communicated by an engine of 
any railroad company on any railroad within this State 
shall be commenced and sued within one year after the 
cause of action accrued, and not after." (P. L. 1903, 
p. 674.) 



Forest Fires. 43 



The BOARD OF PUBLIC UTILITY COMMIS- 
SIONERS has jurisdiction in respect to railroad expo- 
sures as follows: 

"An Act concerning public utilities; to create a Board 
of Public Utility Commissioners and to prescribe 
its duties and powers." Approved April 21, 1911. 
(Ch. 195.) 

"Sec. 15. The board shall have general supervision 
and regulation of, jurisdiction and con- control over 
trol over, all public utilities, and also property and 
over their property, property rights, equipment. 
equipment, facilities and franchises so far as may be 
necessary for the purpose of carrying out the pro- 
visions of this act." (P. L. 1911, p. 376.) 

''Sec. 16. The board shall have power: 

(a) To investigate, upon its own inia- 
tive, or upon complaint in writing, anyi*o^e^ *»^^»"^e«- 
matter concerning any public utility as 
herein defined." 

"(h) To provide for the examination 
any test of any and all appliances used ^^^^^'la^nce**^* 
for the measuring of any product or ser- ^pp ** 
vice of a public utility as herein defined." 

"(i) By its agents, experts or ex- 
aminers, to enter upon any premises Power to enter 
occupied by any public utility as herein premises. 
defined for the purpose of making the examinations and 
tests provided for in this act and to set up and use on 
such premises any apparatus and appliances necessary 
therefor." (P. L. 1911, p. 376.) 

''Sec. 17. (b) To furnish safe, ade- 
quate and proper service and to keep andp^^^g^ ^^^ main- 
maintain its property and equipment in tain equipment 
such condition as to enable it to do so.""» e««^ ^^"d**^""' 
(P. L. 1911, p. 378.) 

"Sec. 35. Any person who shall knowingly and wil- 
fully neglect, fail or omit to do or perform, or who shall 
knowingly and wilfully cause or join or participate with 
others in causing any public utility corporation or com- 



44 Forest Fires. 

pany to neglect, fail or omit to do or perform, or who 
sliall advise, solicit or persuade, or knowingly and wil- 
fully instruct, direct or order any officer, agent or em- 
ploye of any public utility corporation or company to 
neglect, fail or omit to do any act or thing required to 
be done by this act shall be guilty of a misdemeanor." 
(P. L. 1911, p. 387.) 



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Syracuse, N. Y, 

PAT. JAN. 21, 1908 







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